The following excerpt is from United States v. Parker, No. 2:20-cr-00033-TLN (E.D. Cal. 2020):
The Government may move for detention of persons charged with certain crimes, including "any felony . . . that involves the possession . . . of a firearm," but it bears the burden to show that detention is warranted. 18 U.S.C. 3142(f). When the Government seeks to detain someone as a danger (i.e., based on an allegation "that no condition or combination of conditions will reasonably assure the safety of any other person and the community") its claim must "be supported by clear and convincing evidence." 18 U.S.C. 3142(f); United States v. Hir, 517 F.3d 1081, 1086 (9th Cir. 2008) (citing 18 U.S.C. 3142(f)(2)(B)).
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